Terms Of Service
Last update 12-03-2007
Content and Usage
All services provided by BitTraffic may be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State, City or international law is prohibited.
This includes, but is not limited to:
Copyrighted material
Material we judge to be threatening or obscene
Material protected by trade secret and other statute
The subscriber agrees to indemnify and hold harmless BitTraffic from any claims resulting from the use of the service which damages the subscriber or any other party
Pornography and sex-related merchandising is allowed on all of our servers if the content is legal under US laws. This includes sites that may infer sexual content, or links to adult content elsewhere.
BitTraffic will be the sole arbiter in determining violations of this provision.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to our servers or any other server on the internet. Links to any such materials are also prohibited.
Examples of unacceptable content or links:
Hate groups
Pirated software
Hacker programs or archives
You acknowledge that BitTraffic does not pre-screen content, but agree that BitTraffic shall have the right (but not the obligation) to access any site, and remove or restrict access to any content on the service in its sole discretion and without notice or compensation.
Without limiting the foregoing, BitTraffic shall have the right to access any site and remove or restrict access to any content that violates this Agreement or that BitTraffic believes is otherwise objectionable.
You acknowledge and agree that BitTraffic may preserve or disclose any content if it reasonably believes disclosure is required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
Comply with legal process
Enforce this agreement
Respond to claims that any content violates the rights of third-parties
Protect the rights, property, or personal safety of BitTraffic administrators, its users and the public
BitTraffic will be the sole arbiter as to what constitutes a violation of this provision
Shell Hosting
Shell hosting Customer's may not under any circumstances:
Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Take any action to obtain services to which such Customer is not entitled.
Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
Access data not intended for such Customer or logging into a server or account, which such Customer is not authorized to access.
Execute applications that require dedicated bandwidth and/or system resources. Including, but not limited to, game, voip, shout cast, video streaming, and/or ventrilo servers.
Abuse rules of any Internet Relay Chat (IRC) network(s). Including, but not limited to, taking over channels, nickname stealing, flooding, cloning and/or spamming.
Make connections using private system IP(s). This includes, but is not limited to, main system IP, name server IP and/or private virtual hosts.
Share their account and/or bouncer with other individuals.
Each connection to Internet Relay Chat (IRC) network will be counted as one (1) background process, excluding IRCd Customers.
BitTraffic will monitor Customer's console, connections and resources.
Account Sharing
Your account is for the sole use of the owner; account sharing will lead to account termination unless explicit permission was granted by the employees of BitTraffic.
BitTraffic will strongly react to any use or attempted use of an internet account or system without the owner's authorization.
Such attempts include tricking other people into releasing their passwords, password cracking, security hole scanning etc...
Any unauthorized use of accounts or computers by a BitTraffic Customer, whether or not the attacked account or computer belongs to BitTraffic, will result in action against the attacker.
Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, according to the seriousness of the attack.
Payment Policies and Billing Procedures
All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. BitTraffic reserves the right to change prices at any time.
Payment is due each anniversary month or period following the date the account was established.
If seven (7) business days have passed and payment has not been posted, the account will be suspended until further notice.
The Customer is responsible for all money owed on the account from the time it was established to the time that the Customer notifies BitTraffic to request termination of services.
All payments must be made in USD currency.
No refunds will be offered for unused or partially used services.
Service cancellations must be submitted to sales at least seven (7) business days before your next monthly billing cycle.
Child Pornography on the Internet
BitTraffic will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography.
Customers are ultimately responsible for the actions of their Clients over the BitTraffic network, and will be liable for illegal material posted by their Clients.
According to the Child Protection Act, child pornography includes "photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years."
Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT.
Spamming
Spamming, or the sending of unsolicited email, from a BitTraffic server or using an email address or domain that is maintained on an BitTraffic machine as reference is strictly prohibited.
BitTraffic will be the sole arbiter as to what constitutes a violation of this provision.
Limitation of Liability
We reserve the right to terminate service at any time, for any reason, and that no refund or credit will be issued.
Cancellation of service by the user or by us when terms of service are broken does not entitle you to a refund of any kind.
BitTraffic shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our servers going off-line or being unavailable for any reason whatsoever.
Further, we shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site or data from one of our servers.
All damages shall be limited to the immediate termination of service.
Server Abuse
All sub-networks, distributive hosting sites and dedicated servers of BitTraffic must adhere to the above policies.
Any misuse of our network may result in account termination.
Any attempt to undermine or cause harm to a server, or Customer, of BitTraffic is strictly prohibited.
Any attempt to view private data stored on our network will result in account termination.
Violations of these Acceptable Uses Policies should be referred to http://support.bittraffic.com, all complaints will be investigated promptly.
Failure to follow any term or condition will be grounds for immediate account deactivation.
If you sign up for an account and do not follow our terms. No refunds will be given.
Indemnity
You agree to indemnify and hold BitTraffic, and its subsidiaries, affiliates, agents, employees, and contractors harmless from any claim or demand, including reasonable attorneys' fees, made by any third part due to or arising out of content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the law, this Agreement or the rights of another.
Notices
Notices to you may be made via either e-mail or regular mail.
BitTraffic may also provide notices of changes to this Agreement or the service by displaying notices or links to notices to you generally on the service.
General
This Agreement constitutes the entire agreement between you and BitTraffic with respect to the Service and supersedes all prior agreements and understandings between you and BitTraffic.
The failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right.
In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.
Denial of Service
We reserve the right to refuse service to anyone at any time for any reason.
Software License and Rights
During the term of a service order, BitTraffic grants Customer a non-transferable, nonexclusive license to use the Software, in object code form only, for its internal needs, to be used solely on the Hardware provided, and solely in conjunction with the Services. Customer agrees that it will not, directly or indirectly:
Copy the Software, except as is necessary to install on Hardware and for internal, archival purposes. In the event Customer makes any copies of the Software, Customer shall reproduce all proprietary notices on such copies.
Reverse engineer, decompile, disassemble, modify or otherwise attempt to derive source code from the Software.
Sell, lease, license, transfer, give possession of, or sublicense the Software or the documentation to others.
Write or develop any derivative or other software programs, based, in whole or in part, upon the Software or any Confidential Information.
Arbitration
Any controversy or claim arising out of or relating to this Agreement or the breach thereof will be settled by arbitration in Manhattan, New York, before and in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
The award rendered in that arbitration will be binding on the parties hereto, and judgment upon the award can be entered by any court having jurisdiction thereof.
Agreement
By placing an order with BitTraffic, you agree to accept these policies, guidelines, and disclaimer.
Thank you for your business.
BitTraffic
